Stay of Agency Enforcement Application - Illinois

MOTION TO STAY ADMINISTRATIVE DECISION PENDING JUDICIAL REVIEW

Scope gate: Use this motion only in a pending circuit-court action under the Illinois Administrative Review Law (“ARL”) when the law governing the agency expressly adopts the ARL. Section 3-111(a)(1) is circuit-court authority; it does not create a universal agency-level stay procedure. If judicial review lies directly in the appellate court, another review statute governs, or an agency stay is requested before judicial review, use the controlling statute and agency or court rules instead.

1. FILING REVIEW

Counsel should complete and verify every item before using the merits sections:

If the Illinois Administrative Procedure Act applies to the contested case, 5 ILCS 100/10-50(b) generally requires the final order to identify all parties of record, state whether it is final and subject to the ARL, and state whether agency rules require reconsideration. Confirm the actual final order and the agency's enabling law and rules; do not rely on the order's label alone.

2. CAPTION

IN THE CIRCUIT COURT OF THE [NUMBER] JUDICIAL CIRCUIT

[COUNTY] COUNTY, ILLINOIS

PLAINTIFF'S [EMERGENCY] MOTION TO STAY ADMINISTRATIVE DECISION PENDING JUDICIAL REVIEW

Plaintiff, [PLAINTIFF_NAME], moves under 735 ILCS 5/3-111(a)(1) to stay [AGENCY_NAME]'s [IDENTIFY_FINAL_DECISION] [IN_WHOLE / IN_PART] pending final disposition of this administrative-review action. In support, Plaintiff states:

3. DECISION AND REVIEW ACTION

1. The challenged decision is [TITLE_AND_DESCRIPTION], issued by [AGENCY] in agency matter [DOCKET_NUMBER] on [DECISION_DATE]. A complete copy is attached as Exhibit A.

2. The decision [TERMINATED / DID_NOT_TERMINATE] the agency proceeding and affects the following legal rights, duties, or privileges: [DESCRIBE].

3. The decision was served on Plaintiff on [SERVICE_DATE] by [METHOD]. The document or proof establishing service is attached as Exhibit [NUMBER].

4. [AGENCY_SPECIFIC_STATUTE] expressly adopts the ARL for review of this decision. Any required agency reconsideration was [NOT_REQUIRED / TIMELY_FILED_ON_DATE_AND_DENIED_ON_DATE]. The supporting rule and documents are [CITATION_AND_EXHIBITS].

5. Plaintiff commenced this action by filing the complaint and causing summons to issue on [DATE], within 35 days after service of the final decision, as required by section 3-103.

6. Venue is proper under [AGENCY_SPECIFIC_VENUE_PROVISION / SECTION 3-104] because [FACTS].

7. Plaintiff named [AGENCY] and the following required parties of record as defendants: [LIST]. Summons and the section 3-105 address affidavit are reflected at [DOCKET_ENTRIES].

8. The agency decision is scheduled to take effect or be enforced on [DATE] by [DESCRIBE_ENFORCEMENT].

9. Plaintiff gave the agency notice of this Motion on [DATE] by [METHOD]. Notice to all other parties was provided as shown in the certificate below.

4. RELIEF REQUESTED

Plaintiff requests an order:

1. staying the following portion of the agency decision: [PRECISELY_IDENTIFY_OPERATIVE_LANGUAGE];

2. preserving the pre-decision status quo as follows: [DESCRIBE_SPECIFIC_STATUS_QUO];

3. imposing these interim safeguards, if appropriate: [REPORTING / MONITORING / LIMITED_OPERATION / ESCROW / OTHER];

4. requiring [NO_BOND / BOND_IN_THE_AMOUNT_AND_FORM_OF ___], subject to any agency-specific statute; and

5. keeping the stay in effect until final disposition of this action or further order of the Court.

5. GOOD CAUSE UNDER SECTION 3-111(a)(1)

Section 3-111(a)(1) permits the circuit court, before or after the agency files its answer and with or without bond unless the statute governing the agency decision provides otherwise, to stay all or part of the agency decision pending final disposition. The applicant must give notice to the agency and show all three statutory good-cause elements.

A. An immediate stay is required to preserve the status quo without endangering the public

10. The status quo immediately before the challenged decision was: [SPECIFIC_FACTS].

11. Without a stay, enforcement on [DATE] will change that status quo by: [SPECIFIC_IMMEDIATE_EFFECTS].

12. A later merits ruling will not adequately restore the status quo because: [FACTS_AND_EVIDENCE].

13. The requested stay will not endanger the public because: [ADDRESS_HEALTH, SAFETY, CONSUMER, FINANCIAL, OR_OTHER_REGULATORY_CONCERNS].

14. The following interim conditions will further protect the public: [CONDITIONS].

Supporting evidence: [EXHIBITS_AND_PINPOINTS].

B. The stay is not contrary to public policy

15. The statutory and regulatory policies governing this matter are: [CITATIONS_AND_ACCURATE_SUMMARY].

16. A temporary stay, limited as requested, is consistent with those policies because: [FACTS].

17. The agency's contrary public-policy position, if known, is [POSITION]. Plaintiff responds: [RESPONSE_WITH_RECORD_AND_AUTHORITY].

Supporting evidence: [EXHIBITS_AND_PINPOINTS].

C. A reasonable likelihood of success on the merits exists

18. Plaintiff challenges the decision on these preserved grounds:

19. Plaintiff has a reasonable likelihood of success because: [CONNECT_THE_CONTROLLING_STANDARD_TO_SPECIFIC_RECORD_FACTS_AND_LEGAL_ERRORS].

20. Section 3-110 provides that review extends to questions of law and fact presented by the entire administrative record, bars new or additional evidence in support of or opposition to an agency finding, order, determination, or decision, and treats agency findings and conclusions on questions of fact as prima facie true and correct. This merits showing therefore identifies the governing standard for each issue and cites the existing administrative record rather than treating every issue as de novo.

6. BOND

Section 3-111(a)(1) permits a stay with or without bond except when the statute authorizing the administrative decision provides otherwise.

☐ No agency-specific bond provision applies. Plaintiff requests no bond because [FACTS].

☐ [AGENCY_SPECIFIC_STATUTE] requires or limits bond as follows: [QUOTE_OR_PRECISE_SUMMARY]. Plaintiff proposes [AMOUNT, FORM, AND_SURETY].

☐ If the Court requires security, Plaintiff proposes [ALTERNATIVE] because [FACTS].

Do not use a generic hardship, public-interest, or limited-duration checklist as though it controls bond. Analyze the statute governing the particular agency decision and the risks the proposed security must address.

7. REQUEST FOR PROMPT HEARING

Enforcement is expected on [DATE]. Plaintiff requests hearing or ruling by [DATE] because [FACTS]. Plaintiff has complied with the assigned judge's and circuit's requirements for emergency or expedited presentment as follows: [NOTICE, CONFERRAL, DELIVERY, AND_RULE_CITATIONS].

WHEREFORE, Plaintiff respectfully asks the Court to enter the proposed order below and grant any further relief authorized by law.

Respectfully submitted,

[PLAINTIFF_NAME]

By: __________________________________

[ATTORNEY_NAME]

[LAW_FIRM]

[ADDRESS]

[CITY, STATE ZIP]

[PHONE]

[EMAIL]

ARDC No. [NUMBER]

8. SECTION 1-109 CERTIFICATION

I, [CERTIFYING_PERSON], have personal knowledge of the facts stated in paragraphs [NUMBERS] and am competent to certify them.

Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that [HE / SHE / THEY] verily believes the same to be true.

Date: [DATE]

__________________________________

[CERTIFYING_PERSON]

[TITLE_OR_RELATIONSHIP_TO_PLAINTIFF]

Section 1-109 permits this certification in place of notarization when a filed document is required or permitted to be verified, unless a Supreme Court rule expressly provides otherwise. Confirm whether a different declaration, affidavit, or evidentiary form is required for the particular motion or exhibit.

9. CERTIFICATE OF NOTICE AND SERVICE

I certify that on [DATE], I served the foregoing Motion and its exhibits on the following persons by the methods stated:

I further certify that notice of the requested [EMERGENCY / EXPEDITED] presentment was provided as follows: [DETAILS].

__________________________________

[NAME]

10. PROPOSED ORDER

IN THE CIRCUIT COURT OF THE [NUMBER] JUDICIAL CIRCUIT

[COUNTY] COUNTY, ILLINOIS

ORDER ON PLAINTIFF'S MOTION TO STAY ADMINISTRATIVE DECISION

The Court, having considered the Motion, notice, submissions, arguments, and applicable law, finds:

1. ☐ Plaintiff has / ☐ Plaintiff has not shown that an immediate stay is required to preserve the status quo without endangering the public.

2. ☐ Plaintiff has / ☐ Plaintiff has not shown that the requested stay is not contrary to public policy.

3. ☐ Plaintiff has / ☐ Plaintiff has not shown a reasonable likelihood of success on the merits.

IT IS ORDERED:

1. The Motion is ☐ GRANTED / ☐ GRANTED IN PART / ☐ DENIED.

2. [AGENCY]'s decision dated [DATE], agency docket [NUMBER], is stayed [IN_WHOLE / ONLY_AS_FOLLOWS]: [PRECISE_TERMS].

3. During the stay, Plaintiff shall comply with these conditions: [CONDITIONS].

4. ☐ No bond is required.

☐ By [DATE], Plaintiff shall post bond or other security in the amount and form of [TERMS].

5. This Order remains effective until final disposition of this action or further order of the Court.

ENTERED:

Date: ____________________

__________________________________

Judge

11. PRACTICE NOTES

1. No universal agency motion. Section 3-111(a)(1) grants power to the circuit court in an ARL action. An agency-level request must identify separate authority in the agency's enabling statute or rules.

2. ARL adoption is essential. Section 3-102 applies the ARL only when the law creating or empowering the agency expressly adopts it. Confirm the review route before drafting the caption or calculating a deadline.

3. Finality and reconsideration. Section 3-101 defines a final administrative decision and addresses how a timely rehearing or other administrative-review application can affect finality. Determine whether the agency's law requires or permits reconsideration and how it affects the review deadline.

4. Commencement. Section 3-103 requires both filing the complaint and issuance of summons within 35 days after service of the final decision. A motion for stay does not replace either step.

5. Parties and service. Section 3-107 generally requires the agency and all other parties of record to be defendants, subject to its listed exceptions. Section 3-105 governs summons service and requires the plaintiff's address affidavit filed with the complaint. Do not substitute a motion certificate of service for summons and statutory service.

6. Venue. An agency-specific venue provision controls. If none exists, section 3-104 identifies venue based on where part of the agency proceeding occurred, the subject matter is situated, or the underlying transaction occurred. Plaintiff residence and agency headquarters are not standalone choices in section 3-104.

7. No generic answer or record deadline. Section 3-108 describes the agency's answer and the record on review but does not itself impose the former draft's generic 35-day answer or administrative-record deadlines. Check the applicable Supreme Court and local rules and any court order.

8. Claim-specific merits analysis. Section 3-110 states the record and factual-presumption rules. Select the standard of review for each actual issue from controlling authority; do not label all factual, legal, mixed, and discretionary issues with a single checklist.

9. Current law check. Public Act 104-0639, effective July 24, 2026, amended section 3-103 and 5 ILCS 100/10-50. The 35-day filing-and-summons rule remains, but the amended provisions address service of agency decisions on parties and their attorneys. Check the current official text and the actual service record when calculating the deadline.

12. OFFICIAL SOURCES

• 735 ILCS 5/1-109 — Verification by certification
• 735 ILCS 5/3-101 — Definitions and final administrative decision
• 735 ILCS 5/3-102 — Scope of the Administrative Review Law
• 735 ILCS 5/3-103 — Commencement
• 735 ILCS 5/3-104 — Jurisdiction and venue
• 735 ILCS 5/3-105 — Service of summons
• 735 ILCS 5/3-107 — Defendants
• 735 ILCS 5/3-108 — Pleadings and record on review
• 735 ILCS 5/3-110 — Scope of review
• 735 ILCS 5/3-111 — Powers of circuit court
• 5 ILCS 100/10-50 — Decisions and orders